April 13, 2020 The COVID-19 pandemic and its legal implications for students with disabilities continues to be subject to not only changes from day to day but also variance among both the states and the school districts within them. And due to the literally and legally “unprecedented” situation, many unknowns still loom large. Since my… Continue reading COVID-19 and K-12 Students with Disabilities: A Second Legal Look
Monthly Legal Updates
April 2020 Legal Update
This month’s update concerns two issues that were subject to recent, published federal appeals court decisions of general significance: (a) tuition reimbursement under the IDEA, and (b) over-identification of “504-only” students for unwarranted accommodations. Click here to download the update and read more.
COVID-19 and K-12 Students with Disabilities: Initial Guidance
March 20, 2020 The COVID-19 pandemic and its legal implications for students with disabilities are subject to not only changes from day to day but variance among both the states and the school districts within them. Thus far the U.S. Department of Education (USDE) has issued various guidance documents (see https://www.ed.gov/coronavirus), which include the Office… Continue reading COVID-19 and K-12 Students with Disabilities: Initial Guidance
March 2020 Legal Update
This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) potential liability for bullying behavior by school personnel, and (b) sanctions for the bad-faith litigation conduct of the parties and/or their advocates. Click here to download the update and read more.
February 2020 Legal Update
This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) the appropriateness of a district’s evaluation in the context of the parents’ request for an independent educational evaluation (IEE) at public expense, (b) the reasonableness of attorneys’ fees in liability litigation for alleged public school physical abuse… Continue reading February 2020 Legal Update
January 2020 Legal Update
This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) liability for money damages under the IDEA, and (b) the reverse effect of general education interventions on IDEA child find and eligibility. Click here to download the update and read more.
December 2019 Legal Update
This month’s update concerns issues that were subject to recent, unpublished federal court decisions of general significance: (a) the continuing issue of the need prong for eligibility under the IDEA, and (b) the occasional issue of “reverse attorneys’ fees,” i.e., where the district rather than the parent is the party seeking payment. Click here to… Continue reading December 2019 Legal Update
November 2019 Legal Update
This month’s update highlights two recent federal court decisions that are of general significance: (a) one with multiple issues that extend to evaluation and FAPE under Section 504, and (b) another that illustrates the employee “whistleblower” side of special education. Both decisions are not officially published and are at the trial court level, thus of… Continue reading November 2019 Legal Update
October 2019 Legal Update
This month’s update highlights two recent federal court decisions that are of general significance: (a) an unpublished trial court decision that again illustrates the varying interpretations of the need for special education, and (b) a published appellate court decision with multiple issues, including the “reasonable period” dimension of Child Find. Click here to download the… Continue reading October 2019 Legal Update
September 2019 Legal Update
This month’s update concerns issues that were subject to recent, published federal court decisions and are of general significance: (a) the longstanding but continuing application of the two-part test for eligibility under the IDEA, and (b) the new, difficult issue of medical marijuana when legally prescribed for students with disabilities. Click here to download the… Continue reading September 2019 Legal Update
